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HomeMy WebLinkAbout99-02704 ',;~ >,.,,> , ~,' ',,' ':" '.,:' ,;" I ::: 'l,~\ : \/~;~. ' :(,::: ,::.~, " ..-,:) ":Y:"~~/::>; <\:'1.~::;~~"::~':'''':,.:'X'' ~~'I:'~\ ~~>.>'~" ~"':::::..~i,:~.,: ",",.:;: ..',: "::"~\_'> I", ::' :>. ,J "> ~ : :< .' .- ., 'l' ,I, ;)1.,01 (~,/ iZ<Y!/ ~I,.,...K/ / "J" '('I' LJ ,',-/' . /;' , <,. .;.7'(# ///' {..(c:.~" /Jf.....cA::;~e:t tG. d dtj)~ .t/( t'U'""" ./ , ... SEPARATION AGREEMENT c... cJr, (J . . MADE thls...;,,1- day of fAfllP/I ,1998, by and between F. Daniel Priest, of Pennsylvania, hereinafter referred to as "Husband"; and Mildred Priest, of Shippensburg, Pennsylvania, hereinafter referred to as "Wife". WHEREASS, the parties hereto are Husband and Wife having been married on November 24. 197~_; and WHEREAS, the parties intend to live separate and apart; WHEREAS, the parties hereto have accumulated certain property throughout their marriage and wish to make a disposition thereof; and WHEREAS, each of the parties herein have been advised by Independent legal counselor have that right to be advised by independent legal counsel as to the nature and effect of a separation agreement and with said advice have determined that the following agreement is fair and reasonable and enter into the same with full knowledge of the extent of the estate of the other and their respective rights. NOW THEREFORE, WITNESSElli, in consideration of the promise and mutual undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: 1. SEPARATION: The parties may live apart for the rest of their lives. Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Each may for his or her separate benefit, engage in any employment, business or profession he or she may chose, 2. MUTUAL ESTATE WAIVER: It is the intention of the parties hereto that from and after the date of this agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end, both waive, relinquish and forebear their rights of dower or courtesy, rights to inherit, rights to claim or take a husband or wife's or family exemption or allowance, to be vesting with letters of administration or testamentary, and to take against any will of the other. The parties further agree that they may an can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer and/or encumber or hereafter own or possess real or personal property and further agree that the recording of this agreement shall be conclusive evidence to all of his or her right to do so. And the said Husband and -, Wife do hereby Irrevocably grant, each to the other should the exercise of this power hereby given become necessary, the right and power to appoint one or more times, any person or persons, whom Husband and Wife shall designate, to be the Attorney-in-Fact for the other, In their name and in their stead, to execute and acknowledge any deed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waive any right of election contained in Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code, or such right in this of any other jurisdiction. 3. A1TORNEY'S FEES: Both of the parties shall bear their own attorney's fees in this matter, and both and each of the parties waive any claim against the other for any attorney's fees in this matter, 4. PERSONAL PROPERlY: Husband shall received the following tangible personal property; tools in barn, 31 pieces of flow blue china and collector plates, pottery, cruet set, painted milk can, large eagle, wooden bowl on stand, iron floor light, iron pump light, nickel lamp, desk and chair, jelly cupboard, serving cart, gate leg table, sofa, lazy boy chair, cedar trunk, old rocker and all his clothing and personal items. All other tangible personal property shall be property of Wife. 5, PENSION RIGHTS: Each of the parties waive any claims to any pensions that either may have through his or her employment or otherwise, excepting to the extent that pension rights have been transferred to fulfill an alimony duty. 6, REAL ESTATE: Husband shall release, remise and quitclaim his Interest in that property at 40 Airport Road, Shippensburg, Cumberland County, Pennsylvania by quitclaim deed to Wife. 7, ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT: An amount of alimony pendente lite is being paid by Husband to Wife pursuant to an Order of Court. Nothing herein shall preclude any future claim for alimony, aiimony pendente lite or spousal support or a request for reduction or exoneration therefrom, 8, EQUITABLE DISTRIBUTION OF PROPERlY: By this agreement, the parties have intended to effect an equitable distribution of their marital property. The parties have determined that an equitable distribution of such property conforms to a just and right standard with due regard '.. ,....',~',,':,;\...:,:,l,\,t.,.,,', .:,'I'~"'~'''':''-'~M'::"'''>\:': 'wt~.~ ',('I,,:',,:,;',":'} ".,:'~; '.~I':'M":.'t""":,~\ ,~,~ I ''',,', +',f"', r.,' .. ..1 'n \,1" or ,\ ',' ,) f,'. ".~ " . '~"~'~','"I:~:l\''''.:.;l....;''"""" ,,', II ,'" ',f ~"" .' " ' ~I , ' . '. 11'" , . , . ... ...... ,..,' .. '....,' '. ", '" .,' ,'.,' '.f ":',' "", , ,"" 'I" " to the rights of Husband and Wife, The distribution of existing marital property is not Intended by the parties to constitute, In any way, a sale or exchange of assets, and the distribution is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 9. DEFAULT: If either party fails in due performance of his or her obligations hereunder, the other party shall have the right, of his or her election, to sue for damages for a breach of this agreement, or to rescind the same and seek such legal remedies as may be available to him or her. Nothing herein contained shall be construed to restrict or impair either party's rights to exercise this election. 10. APPLICABLE LAW: This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 11, MODIFICATION AND WAIVER: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both of the parties, No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 12. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by a signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect, Further, the parties may attempt a reconciliation which action If not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this property and separation agreement or cause any new marital rights or obligations to accrue, 13. ENFORCEABILIlY AND CONSIDERATION: This Agreement shall survive any action for divorce and decree of divorce and shall forever by binding and conclusive on the parties, an independent legal action may be brought to enforce the terms of this agreement by either Husband or Wife until it shall have been fully satisfied and performed. Consideration for this contract and agreement is to be found in this mutual benefit to be obtained by both parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for the mutual undertakings herein set forth is stipulated, confessed and admitted by the parties intended to be legally bound hereby. >- CD ~ ~ ..-. ., ::>- UJ(.:! 0' (:>~ (~2(-. ::r:: u;;: ~LT "'" ~~~ (:J~: , .J.; <7' -:'1<'') ._, .~ ~. , ..-- ,-_2 ~ I ~_l -~ 'ij~ .. .r (~l :.~ .. ;.,) C'> u . >- U) ~ a; c "'- ,.- 8 6~ .. () ~~~: .~ 0;;:: :::~( " < ~L-:I C)~, (~) ~::. ;:;:>= 'I '..' O'l "'J<P- I~.:~ :, _z t..;...: '52 j,: ;..:" :.."': u.~ ...:: IU " , ::;0,; ,.. ::> (.:., 0 (.) ,. F, DANIEL PRIEST, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : NO, 99- 2704 CIVIL MILDRED F. PRIEST, Defendant : CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infolll1ation, to the Court for entry of a divol'('.e decree: I. Ground for Divorce: Irretrievable breakdown under Section (X )330I(c) ()330I(d)(I) of the Divorce Code, (Check applicable section,) 2. Date and manner of service of the Complaint: May 13, 1999 by First Class Certified Mail, Return Receipt Requested, Restricted Delivery, 3, (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 330I(c) of the Divorce Code: By Plaintiff: January 12,2001; Defendant: January 8, 2001. (b) (I) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date ofscrvice of the Plaintiff's affidavit upon the Defendant:_, 4. Related claims pending: None, 5. Complete either (a) (b). (a) Date and manner of servicc of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in ~330I(c) Divorce was filed with the Prothonotary: January 16,2001 (c) Date Defendant's Waiver of Notice in S3302(c) Divorcc was filed with the Prothonotary: January 10,2001 t?tA~1 Hubert X. llroy, Esquire Attorney r Plaintiff Broujor 'Gilroy, PC 4 NOM Hanover Strcct Carlisle, PA 17013 717-243-4574 >- CD 1;: ~ 1- m g:<J: It!C:~ t~~ [~~ ::c ~ <C :>. ~l1,r~:- 0:,= ,'C) en :'~(n ..'\;.,. ;j.i',., ^-1Z .~.t: J., ~ (fi ifi ;z: .~ I .... .J :nn.. ,." -, a 'I- e> 0 5 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least six months prior to the commencement of this action. 6 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7 111 accordance with Section 330 I (c) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 The Plaintiff requests the Court to enter a decree of Divorce. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a decree divorcing the Plaintiff from the Defendant. BROUJOS &: GilROY, P.c. By Hubert X. Gilroy, Esqui Attorney for Plaintiff 4 North Hanover Street Carlisle, PA 17013 717.243-4574 ~ r-- "" "l 0 0- m ~ J;l :t'l ~ ~ ~~ .., ,.0 \.i , . -') l" '" c: " -. " ~ i ,,~ ~ .'>. [r; ....~ rJ .(~, fS: . l"~ ( 'J" .' ~.~r:. 1...1' G~~ - "I tr: r- ~> :;:-, r' -- ,;~i}~ .:.: - ;.... o-r:;: ,~ , :>. . '. ,,": ....' .'- .J '.- . ~~: ,... " C"i ..... ,.. -: cr, c") )t::-: '.:.fl'i..J .,.-- .:.:i l) 1'i co ~ 1'~ en 3~ U.1Q 0';, .- J;;;;; r" , .- -- .t_ .1. ...:>: G)~ 0"" ....4' L')~1,:: ""' ::5...._ U;..n % J:~ :::':1;;: ,.u .c:: (I) ,- -. ?- ". ~--' 0 C) (J